Different States conclude contracts for running public utilities or for investing public money. These contracts are known as concession contracts. The introduction of modern legalmethods: the BOT and the BOOT have complicated the arguments as to the legalnature of these contracts: are they classified under administrative contract or are they categorized as private law contracts? The main purpose of this research is to analyze the legalnature of these contracts.
The research concludes and affirms administrative nature of the concession contracts concluded by States in accordance with the BOT system. These contracts require:
A- Administrative authorizations
b- Their procedures are lengthy and subject to administrative law rules.
c- The subjects of the contracts are public utilities or public services and public constructions.
d- They include unfamiliar and unknown conditions in private contracts.
e- Governments entering into these contracts as public power.
AL-Busaidy, Tariq bin Hilal
"The Legal Nature of the Concessions and Investments Contracts Concluded by States in accordance with B.O.T. System,"
Journal Sharia and Law: Vol. 2008:
36, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2008/iss36/1